Pregnant during unpaid part of maternity leave: ask the expert

I am on maternity leave and have just found out that I am pregnant again. My relevant period is when my SMP will have stopped so therefore I won’t qualify for SMP for my next period of maternity leave. Now if my employer agrees to pay me my accrued holiday pay during the relevant period then would this count as earnings for the purpose of SMP calculations?

An employee cannot take paid annual leave during her maternity leave and then resume her maternity leave but she can end her maternity leave early, if she gives the correct notice, and take the time off on paid annual leave.

You qualify for Maternity Allowance in the instances where you do not qualify for Statutory Maternity Pay. The holiday pay may be taxable, but you may be entitled to a tax refund in any case for the 2011-2012 tax period as well.

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